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User conveys acceptance to Terms every time the User uses the Website. User has discretion not to use the Website, so in terms User's use of the Website despite the right and power not to use, it is construed that the User has accepted Terms.
OrthoGuru can provide User, subject to acceptance of terms and conditions of Terms, at its sole discretion the User Name and Password ("User Account"), User shall not share details of its User Account with any third party, failing to do so, User will be held liable for any claims arising from such event. User shall provide factually correct personal information including but not limited to educational qualification, expertise, etc. OrthoGuru solely reserves the right to accept or reject application without obligation of explanation. OrthoGuru reserves the right to store, evaluate, anlayse, verify, and authenticate the Personal information and data provided by the User. The User acknowledges hereby that OrthoGuru continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
Any person who accesses this website is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted Terms.
The Website shall facilitate live streaming of orthopedic surgeries. You acknowledge, agree and are bound that you have complete responsibility of watching such live streaming operations. The User's discretion is required while using the Website. The Website shall be used solely for User's non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User's Use of the Website is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner decode the Website.
User understands and acknowledges that the orthopedic surgery related video is your own personal information or data or video received from third party with prior written consents and approvals. By uploading the video you have allowed OrthoGuru to stream it to the world to view the operation without limitation of territory.
User understands, acknowledges and agrees that although the OrthoGuru provides appropriate firewalls and protections, the Website is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
In case we are required to disclose your Personal Information in order to assist Government Authority or in adherence to a Court Order or to protect the interest of the website and/or any particular user(s), we will disclose it without obtaining prior permission from you. You authorize us to disclose your Personal Information.
OrthoGuru may facilitate payment option for Using the Website through payment gateways provided on the Website. The payments shall be secured as per permissible remittance mechanism and payment gateways. The user understands and acknowledges that OrthoGuru, undertakes utmost care to provide secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. The User undertakes all payments subject to own risk and volition. OrthoGuru shall not be liable for any loss or damage occurred to you due to any such malfunction, errors and/or unscrupulous activities.
All data, information is the property of OrthoGuru or its Users. User must not alter, delete or conceal any copyright or other data contained on Website. User shall not, nor shall User allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website matter without the express prior written consent of OrthoGuru. Any unauthorized or prohibited use of any Website material may subject you to civil liability, criminal prosecution, or both, under applicable civil and/or criminal and/or any other laws and regulations.
If you believe that the Website contains elements that infringe your intellectual property rights in your work, please notify OrthoGuru immediately. If OrthoGuru receives intellectual property right infringement claim notification, and it is felt appropriate, OrthoGuru may remove all such content which is indicated as infringing and/or take any other appropriate action.
The User has procured a written permission from the patients for recording, streaming of surgery performed on the patient. OrthoGuru does not claim any ownership on User's Content ("the Content"). The Website at sole discretion has right to display fully or partially or not to display the Content. User confirms that the content is Users operation video but if not, possesses necessary rights, permissions and licenses to display the Content on the Website. User acknowledges that OrthoGuru retains the right to delete such Content without any notice or explanation.
User shall not upload, transmit any data, content, video which is pornographic, malicious, defamatory, or violative of privacy rights, or leading to discrimination on sex, religion, color, race, nationality or any other socially undesirable in nature, or violating statutory obligations and laws of any country.
User agrees to upload, transmit videos on the Website only after excluding visuals or procedure:
- that may reveal identity of patient
- that may infringe on privacy of patient in whatsoever manner
We may post testimonials, comments, reviews, opinions of other Users. All such testimonials, comments, reviews and opinions does not indicate any quality, standard, assurance of service or it does not indicate Website's confirmation to such testimonials, comments, reviews, opinions. The User shall take appropriate and reasonable precaution before using services of any other User.
WEBSITE, AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WEBSITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORMED AS DESCRIBED. THE SERVICES, THE WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, OrthoGuru IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE WEBSITE.
You agree that OrthoGuru is not responsible for any procedures, processes, practices, methods followed by a User and/or Mentor during a surgery and the same cannot be claimed as an ideal practice of surgery. Any tools, Equipment, techniques followed by the User and/or Mentor is as per User’s and/or Mentor’s knowledge and by his/their own choice and that, OrthoGuru does not promote any such practices through the Website. OrthoGuru is not liable for unavailability of a Mentor from the list of Mentors provided on the Website. You further agree that, any inputs, advices given by the Mentor are at User’s own responsibility, OrthoGuru shall not be held responsible for the same and you shall use any such information, guidance at your own risk. User shall be solely responsible for any advice obtained from Mentor. OrthoGuru do not confirm or certify any User’s educational background or qualification or experience. In case you engage a User as Mentor, it shall be at your own responsibility and liability.
Acceptance of an invitation of mentoring a surgery is at Mentor’s sole discretion and OrthoGuru's role is limited to providing the names and details of the Mentors on the Website.
OrthoGuru may provide links of other websites on the Website, without any warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website. These links are merely as a convenience and OrthoGuru is not responsible for any data, information, opinions, advice or statements made on these sites.
The Website may also post, display, publish or provide links of advertisements of Advertisers. OrthoGuru doesn't endorse the advertisements or advertisers or quality, suitability, merchantability, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers.
You agree to indemnify, defend and hold OrthoGuru, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, the Website, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the Website or by usage of the Services, whether by use of User name and Password or not.
Terms contains the entire understanding and agreement between User and OrthoGuru and supersedes any and all prior or inconsistent understandings relating to Website and your use of Website. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of Website is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the website, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
Without limiting the foregoing, under no circumstances shall OrthoGuru be held liable for any damage or loss due to deficiency in performance of Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures and/or deficiencies, Network failure and/or mobile deficiencies, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures and anything beyond control of OrthoGuru.
In this Terms, reference to the singular includes a reference to the plural and vice versa, and a reference to any gender includes a reference to all other genders and the neuter. Each part of Terms is independent of each other. If any part of Terms is found void and unenforceable, it will not affect the validity of the balance of Terms, which shall remain valid and enforceable according to its terms.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE WEBSITE.
IF YOU ACCEPT AND ABIDE BY THIS TERM YOU WILL HAVE TO STATE I AGREE.